Special Acts Concerning Claims

The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons. In 1924,1886 Congress adopted a Joint Resolution directing the President to cause suit to be instituted for the cancellation of certain oil leases alleged to have been obtained from the government by fraud and to prosecute such other actions and proceedings, civil and criminal, as were warranted by the facts. This resolution also authorized the appointment of special counsel to have charge of such litigation. Private acts providing for a review of an order for compensation under the Longshore and Harbor Workers’ Compensation Act,1887 or conferring jurisdiction upon the Court of Claims, after it had denied recovery, to hear and determine certain claims of a contractor against the government, have been held constitutional.1888

Footnotes

1886
43 Stat. 5 (1924). See Sinclair v. United States, 279 U.S. 263 (1929). [Back to text]
1887
Paramino Co. v. Marshall, 309 U.S. 370 (1940). [Back to text]
1888
Pope v. United States, 323 U.S. 1 (1944). [Back to text]